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The court dismissed a claim for a $12 million finder's fee tied to Fruta del Norte, finding no pleaded oral contract or quantum meruit entitlement.
The court found no proved global contract, assessed the claim in quantum meruit, allowed a $1,850 set-off for proven deficiencies, and awarded judgment to the plaintiff.
The court found no binding contract for the excavation work and awarded Ted Walton quantum meruit compensation for road work and wells, while dismissing the Camerons’ counterclaims.
Appeal in a Small Claims Act matter about payment for stucco work. The court corrected the style of cause, reduced the award, and relied on budget and quote evidence.
Court held the commission agreement was ambiguous, read it as tied to Prospera financing, and denied the claimed commission; quantum meruit compensation was awarded instead.
The court assessed damages after a default judgment in an employment contract dispute and found constructive dismissal as of June 30, 2009.
Adjudicator found respondents' version more probable on credibility and documentary/transactional indicators (cash payments, lack of HST paperwork, corroborating witnesses). No enforceable contract between Gillespie and Josey/Worx was proven; however Gillespie unlawfully intercepted/withheld the electrical panel that belonged to the joint enterprise or to Reteff. Applying balance of probabilities and quantum meruit valuation with available credits and payments, award to Reteff of $2,952.00 plus costs $89.68 was appropriate; Gillespie's claim dismissed.
Source excerpt
The adjudicator found that a binding contract existed between the claimant and Pink Ink by virtue of the January 31 email and the parties' subsequent conduct (commencement of work, use of deliverables and payment of the first invoice); Pink Ink breached by refusing further payment and claimant was entitled to the reasonable value of services (quantum meruit) measured at $80/hour for 38.6 hours, resulting in judgment for $3,028.39 plus costs, and Anna Murphy was not personally liable.
Source excerpt
The court awarded only proven renovation amounts, dismissed the counterclaim, and held the builder’s lien was filed out of time under the Builders Lien Act.
Landscaping contract dispute over delay, plant quality, and unpaid work was treated as partly abandoned; post-abandonment work was valued in quantum meruit, leaving no net recovery.
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